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Service Agreement
Welcome to Gametech - an information technology provider and software developer service provider!
These Service Terms (the "Terms") are a binding legal document between Gametech (Turkey), Inc. or its affiliates (collectively, "Gametech", "we", "us", "our") and you ("Customer", "you" or "your"). Please read these Terms carefully since this document describes your rights and responsibilities when using the Gametech services.
IF YOU HAVE NOT READ, UNDERSTOOD OR AGREED TO THESE TERMS, PLEASE DO NOT USE THE SERVICES OR CEASE THEIR USE IMMEDIATELY.
These Service Terms (the "Terms") are a binding legal document between Gametech (Turkey), Inc. or its affiliates (collectively, "Gametech", "we", "us", "our") and you ("Customer", "you" or "your"). Please read these Terms carefully since this document describes your rights and responsibilities when using the Gametech services.
IF YOU HAVE NOT READ, UNDERSTOOD OR AGREED TO THESE TERMS, PLEASE DO NOT USE THE SERVICES OR CEASE THEIR USE IMMEDIATELY.
1. Introduction
1.1 About Gametech.
Gametech provides specific services (see the section labeled "Overview of Gametech Services" below) under an agreement between Gametech and certain developers and publishers ("Clients") created the environment where Customers purchase game-related products and obtain services ("Platforms"). These services are then made available to you via a link, button or other artifact on a Platform, or within another method sent to you by or on such Client’s behalf. When clicked, such a link, button or other artefact connects you to Gametech Services, on which a link to these Terms is displayed.
Gametech is not a payment system provider, bank or other chartered depository institution, we do not have financial licenses. Gametech does not hold any monies for Clients or Customers. Gametech creates and develops software that enable convenient and fast conversion when purchasing goods or services within the Platform. In order to provide Clients and Customers with payment flows, Gametech engages payment system providers, money services businesses, and (or) money transmitters ("Payment Partner(s)") registered either in the United States and (or) in a jurisdiction in which they are entitled do business for the purpose of processing and transferring funds. Payment Partners are duly licensed and/or registered, as required, and compliant with all applicable laws and regulations, including Know-Your-Customer ("KYC") and Anti-Money Laundering ("AML") laws and regulations.
1.2 Changes to Terms.
Gametech reserves the right to amend, change, modify, add or remove portions of the Terms at any time, in its sole discretion, by posting the updated version within the Services and (or) Gametech’s website. By continuing to use any of the Services, you will be deemed to have accepted such changes. If at any point you do not agree to any part of the current version of the Terms, you must cease your use of the Services.
1.1 About Gametech.
Gametech provides specific services (see the section labeled "Overview of Gametech Services" below) under an agreement between Gametech and certain developers and publishers ("Clients") created the environment where Customers purchase game-related products and obtain services ("Platforms"). These services are then made available to you via a link, button or other artifact on a Platform, or within another method sent to you by or on such Client’s behalf. When clicked, such a link, button or other artefact connects you to Gametech Services, on which a link to these Terms is displayed.
Gametech is not a payment system provider, bank or other chartered depository institution, we do not have financial licenses. Gametech does not hold any monies for Clients or Customers. Gametech creates and develops software that enable convenient and fast conversion when purchasing goods or services within the Platform. In order to provide Clients and Customers with payment flows, Gametech engages payment system providers, money services businesses, and (or) money transmitters ("Payment Partner(s)") registered either in the United States and (or) in a jurisdiction in which they are entitled do business for the purpose of processing and transferring funds. Payment Partners are duly licensed and/or registered, as required, and compliant with all applicable laws and regulations, including Know-Your-Customer ("KYC") and Anti-Money Laundering ("AML") laws and regulations.
1.2 Changes to Terms.
Gametech reserves the right to amend, change, modify, add or remove portions of the Terms at any time, in its sole discretion, by posting the updated version within the Services and (or) Gametech’s website. By continuing to use any of the Services, you will be deemed to have accepted such changes. If at any point you do not agree to any part of the current version of the Terms, you must cease your use of the Services.
2. Overview of gametech services
2.1 Your Access to Gametech Services. You were probably directed to Gametech because you are purchasing goods or obtaining services with a certain Platform. To obtain these goods or services, you probably need to complete a KYC procedure and/or pass a tax interview, to proceed with a payment, and perhaps provide some more information to the Platform. That Platform developer has entered into an agreement with Gametech who will help you to proceed with all these activities mentioned above. In some cases, you may even be receiving funds from the Platform. Gametech Services enable you to (i) pass a KYC check, (ii) provide necessary information through a tax interview, (iii) create a Customer Account for better experience and convenient accounting of your funds, (iv) replenish your in-Platform balance and/or provide payment for goods and services with the help of our Payment Partners, and/or (v) send payment to you, for the goods or services, or even your earnings and rewards with the help of our Payment Partners. Services, in some cases or for some Platforms, may be limited to use within a certain TURKEY. state.
2.2 Eligibility. If you are aged between the relevant minimum age and 18 years (or applicable age of majority where you live), you and your parent or guardian must review these Terms together. Parents and guardians are responsible for the acts of children under the age of majority using the Services.
2.3 Description of Gametech Services.
Please note that the individual who passed KYC should be the same as the beneficiary of the chosen payment method. Unfortunately, we wouldn’t be able to proceed with your withdrawal without a successful KYC.
2.1 Your Access to Gametech Services. You were probably directed to Gametech because you are purchasing goods or obtaining services with a certain Platform. To obtain these goods or services, you probably need to complete a KYC procedure and/or pass a tax interview, to proceed with a payment, and perhaps provide some more information to the Platform. That Platform developer has entered into an agreement with Gametech who will help you to proceed with all these activities mentioned above. In some cases, you may even be receiving funds from the Platform. Gametech Services enable you to (i) pass a KYC check, (ii) provide necessary information through a tax interview, (iii) create a Customer Account for better experience and convenient accounting of your funds, (iv) replenish your in-Platform balance and/or provide payment for goods and services with the help of our Payment Partners, and/or (v) send payment to you, for the goods or services, or even your earnings and rewards with the help of our Payment Partners. Services, in some cases or for some Platforms, may be limited to use within a certain TURKEY. state.
2.2 Eligibility. If you are aged between the relevant minimum age and 18 years (or applicable age of majority where you live), you and your parent or guardian must review these Terms together. Parents and guardians are responsible for the acts of children under the age of majority using the Services.
2.3 Description of Gametech Services.
- Customer Account allows you to review amounts of money you received on the Platform, pass the KYC procedure, and fulfill a tax interview to make a withdrawal. It also lets you set preferable payment methods, check the list of transactions, and request a withdrawal.
- Pay Station is the widget you see when you start the payment procedure. It is a convenient, multifunctional interface that allows Customers to quickly carry out payment transactions with the ability to select different payment methods.
- KYC Solution. Gametech cares about the security and safety of all withdrawals made on the Platform. The KYC Solution is designed to perform identity verification, including global AML lists screening, review of your documents and personality. The withdrawal can proceed only after successfully completing KYC. The KYC check consists of a short questionnaire to let us know a little bit more about yourself to ensure the legitimacy of money withdrawals in accordance with financial requirements and Applicable Law.
Please note that the individual who passed KYC should be the same as the beneficiary of the chosen payment method. Unfortunately, we wouldn’t be able to proceed with your withdrawal without a successful KYC.
- Tax Interview Tool is an automated filing of tax forms required from the payees of funds received from an TURKEY. company. The Tax Interview Tool consists of 6 stages. On each stage you will be requested to fill in the required information about you or your company and then sign the form. It is necessary in order to apply a reduced withholding income tax rate or exempt your income from taxation in the TURKEY. Please note that we will not be able to proceed with a withdrawal without a correctly filled out tax form.
- Customer Support Gametech will be glad to help you with questions related to the use of Services. If you have any concerns or need personal assistance with a problem, you can contact Gametech via payouts@spectrone.io and receive direct help.
3. KYC, AML and OFAC checks
3.1 In an effort to combat money laundering and the financing of terrorism, and pursuant to the USA Patriot Act of 2001 and the Bank Secrecy Act (collectively, the "AML Acts"), Gametech has adopted a compliance program to guard against money laundering.
By using our Services you represent and warrant that you comply and will continue to comply with the AML Acts and all applicable rules regulations, and any other self-regulatory organizations, as they now exist and as they may be amended in the future. In furtherance of the above, Gametech has additionally adopted a Customer identification and due diligence process and program which may require submission of identifying documents to prove identity.
3.2 Additionally, Gametech may conduct an Office of Foreign Assets Control, Department of the Treasury ("OFAC") to confirm (i) you are not currently identified on the Specially Designated Nationals and Blocked Persons List maintained by OFAC and/or on any other similar list maintained by OFAC, and (ii) you are not a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United States, (b) none of the funds or other assets constitute property of, or are beneficially owned, directly or indirectly, by any Embargoed Person, (c) no Embargoed Person has any interest of any nature whatsoever in Tenant (whether directly or indirectly), (d) none of your funds have been derived from any unlawful activity, or prohibited by law or in violation of law.
3.1 In an effort to combat money laundering and the financing of terrorism, and pursuant to the USA Patriot Act of 2001 and the Bank Secrecy Act (collectively, the "AML Acts"), Gametech has adopted a compliance program to guard against money laundering.
By using our Services you represent and warrant that you comply and will continue to comply with the AML Acts and all applicable rules regulations, and any other self-regulatory organizations, as they now exist and as they may be amended in the future. In furtherance of the above, Gametech has additionally adopted a Customer identification and due diligence process and program which may require submission of identifying documents to prove identity.
3.2 Additionally, Gametech may conduct an Office of Foreign Assets Control, Department of the Treasury ("OFAC") to confirm (i) you are not currently identified on the Specially Designated Nationals and Blocked Persons List maintained by OFAC and/or on any other similar list maintained by OFAC, and (ii) you are not a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United States, (b) none of the funds or other assets constitute property of, or are beneficially owned, directly or indirectly, by any Embargoed Person, (c) no Embargoed Person has any interest of any nature whatsoever in Tenant (whether directly or indirectly), (d) none of your funds have been derived from any unlawful activity, or prohibited by law or in violation of law.
4. Using your information. Privacy notice
4.1 The privacy and security of your personal data is our first priority. Please review how we process your data below.
4.2 Gametech processes personal data that we receive either from you through Pay Station, your Customer Account, KYC Solution and Tax Interview Tool in connection with your activities on the Platform made with Gametech assistance. This data might be also necessary for us to provide Services to you as they are described in these Terms.
4.3 Gametech can obtain personal data both directly from the Customers and indirectly from Partners and (or) other third-party services that support Gametech’s business.
4.4 Gametech acts as a data processor (or in an equivalent position according to applicable law) that means that we process personal data on behalf of a data controller, usually our Clients, who determine the purposes of processing and have full right to manage processing of personal data.
4.5 In exceptional cases, Gametech may also act as a data controller (or in an equivalent position according to applicable law) and independently determine the purposes of data processing, manage processing of personal data and handle privacy requests. It relates to the situation when Gametech directly enters into contract with Customer for provision of influencer's services or artistic production.
4.6 We process or use the following types of personal data for certain purposes described below, which may involve requesting specific information or documentation for identity and (or) taxation purposes in connection with the Services offered by Gametech.
4.6.1 As the data processor, Gametech may collect and further process personal data submitted to it for the purpose of offering its Services in order to:(i) Provide technical and other customer support:
4.9 Storage period. We process and store your personal data as long as this is necessary for its contractual or legal obligations, or as long as we have your consent.
4.10 Your privacy rights. Any affected person has the right of access, the right to rectification, the right to erasure, the right to restrict processing, the right to object and the right to transfer their personal data and other rights under applicable data protection, data privacy and cybersecurity laws, rules and regulations, including, but not limited to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the "GDPR"), the California Consumer Privacy Act of 2018 (the "CCPA"). To exercise any of these rights regarding these Services, please email payouts@spectrone.io.
4.1 The privacy and security of your personal data is our first priority. Please review how we process your data below.
4.2 Gametech processes personal data that we receive either from you through Pay Station, your Customer Account, KYC Solution and Tax Interview Tool in connection with your activities on the Platform made with Gametech assistance. This data might be also necessary for us to provide Services to you as they are described in these Terms.
4.3 Gametech can obtain personal data both directly from the Customers and indirectly from Partners and (or) other third-party services that support Gametech’s business.
4.4 Gametech acts as a data processor (or in an equivalent position according to applicable law) that means that we process personal data on behalf of a data controller, usually our Clients, who determine the purposes of processing and have full right to manage processing of personal data.
4.5 In exceptional cases, Gametech may also act as a data controller (or in an equivalent position according to applicable law) and independently determine the purposes of data processing, manage processing of personal data and handle privacy requests. It relates to the situation when Gametech directly enters into contract with Customer for provision of influencer's services or artistic production.
4.6 We process or use the following types of personal data for certain purposes described below, which may involve requesting specific information or documentation for identity and (or) taxation purposes in connection with the Services offered by Gametech.
4.6.1 As the data processor, Gametech may collect and further process personal data submitted to it for the purpose of offering its Services in order to:(i) Provide technical and other customer support:
- email;
- other data necessary for us to assist with your question.
- email;
- data necessary for transaction processing depending on the chosen payment method.
- identity document data, such as the name of the identity document, issuing country, number, expiry date, MRZ, information embedded to document barcodes (may vary depending on the document), security features;
- facial image data, such as photos of the face (including selfie images) and photo or scan of the face on the identification document;
- contact details, such as an address, email address, phone number.
- full name;
- date of birth;
- email address;
- address;
- tax identification number.
- Note: specific categories of data acquired in connection with the above referenced transactions will depend on the chosen payment method.
- full name;
- date of birth;
- address;
- email address;
- tax identification number;
- payment details.
- identity document data, such as the name of the identity document, issuing country, number, expiry date, MRZ, information embedded to document barcodes (may vary depending on the document), security features;
- facial image data, such as photos of the face (including selfie images) and photo or scan of the face on the identification document;
- contact details, such as an address, email address, phone number.
- full name;
- date of birth;
- email address;
- address;
- tax identification number.
- first and last name;
- contact details, such as an email address, phone.
- Contract details required for accounting and tax purposes.
- Operate, understand, optimize, develop, or improve our sites, application, products, services and operations;
- Detect, investigate and prevent activities that may violate our policies, pose safety issues, or be fraudulent or illegal; and
- Notify you of product recalls or safety issues.
4.9 Storage period. We process and store your personal data as long as this is necessary for its contractual or legal obligations, or as long as we have your consent.
4.10 Your privacy rights. Any affected person has the right of access, the right to rectification, the right to erasure, the right to restrict processing, the right to object and the right to transfer their personal data and other rights under applicable data protection, data privacy and cybersecurity laws, rules and regulations, including, but not limited to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the "GDPR"), the California Consumer Privacy Act of 2018 (the "CCPA"). To exercise any of these rights regarding these Services, please email payouts@spectrone.io.
5. License
5.1 Customer License. Gametech grants, and you accept, a limited, non-transferable, non-sublicensable, revocable, terminable, non-exclusive license, including the right to install and use Services for your personal, non-commercial use, provided you comply with all the terms and conditions of these Terms. This license does not give you any ownership rights in the Gametech developments.
5.2 License Restrictions. You shall not directly or indirectly: (i) create any service, software or documentation that performs substantially the same functionality as the Gametech Services, (ii) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code, algorithms or trade secrets underlying the Gametech Services (except and only to the extent these restrictions are expressly prohibited by the applicable law), (iii) encumber, sublicense, transfer, distribute, rent, lease, time-share or use any part of the Services in any service bureau arrangement or otherwise for the benefit of any third party, (iv) adapt, combine, create derivative works of or otherwise modify any part of the Gametech Services, or (v) use or allow the transmission, transfer, export, re-export or another transfer of any software, technology or information you obtain or learn pursuant to these Terms in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction.
You promise not to use Services for any purpose that is prohibited by these Terms or any other applicable law, rule or regulation.
5.1 Customer License. Gametech grants, and you accept, a limited, non-transferable, non-sublicensable, revocable, terminable, non-exclusive license, including the right to install and use Services for your personal, non-commercial use, provided you comply with all the terms and conditions of these Terms. This license does not give you any ownership rights in the Gametech developments.
5.2 License Restrictions. You shall not directly or indirectly: (i) create any service, software or documentation that performs substantially the same functionality as the Gametech Services, (ii) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code, algorithms or trade secrets underlying the Gametech Services (except and only to the extent these restrictions are expressly prohibited by the applicable law), (iii) encumber, sublicense, transfer, distribute, rent, lease, time-share or use any part of the Services in any service bureau arrangement or otherwise for the benefit of any third party, (iv) adapt, combine, create derivative works of or otherwise modify any part of the Gametech Services, or (v) use or allow the transmission, transfer, export, re-export or another transfer of any software, technology or information you obtain or learn pursuant to these Terms in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction.
You promise not to use Services for any purpose that is prohibited by these Terms or any other applicable law, rule or regulation.
6. Intellectual property rights
6.1 We own and will continue to own our Services, including all related intellectual property rights. Gametech trademarks, service marks and logos ("Gametech Marks") are subject to copyright, trademark and other intellectual property rights under the United States and foreign laws and international conventions. Gametech Marks must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever.
6.2 Copyright Infringement. We respond to notices of alleged copyright infringement and terminate Accounts of repeat infringers according to the process set out in the TURKEY. Digital Millennium Copyright Act and other Applicable Laws. If you believe that there is a copyright infringement, you must provide Gametech with all possible information confirming the fact of the copyright infringement. You can mail us at rpbl@spectrone.io with the subject of the letter "Copyright Infringement" or write us at 15260 Ventura Boulevard, Suite 2230 Sherman Oaks, CA 91403.
6.1 We own and will continue to own our Services, including all related intellectual property rights. Gametech trademarks, service marks and logos ("Gametech Marks") are subject to copyright, trademark and other intellectual property rights under the United States and foreign laws and international conventions. Gametech Marks must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever.
6.2 Copyright Infringement. We respond to notices of alleged copyright infringement and terminate Accounts of repeat infringers according to the process set out in the TURKEY. Digital Millennium Copyright Act and other Applicable Laws. If you believe that there is a copyright infringement, you must provide Gametech with all possible information confirming the fact of the copyright infringement. You can mail us at rpbl@spectrone.io with the subject of the letter "Copyright Infringement" or write us at 15260 Ventura Boulevard, Suite 2230 Sherman Oaks, CA 91403.
7. Limitations
7.1 You agree to be bound by these Terms, as well as that of the Platform terms of services, including agreeing to undertake any and all KYC and AML and OFAC regulations if applicable.
7.2 Top-Up Limits. You may be limited in maintaining a maximum balance up to the equivalent of $2,000 over all of Your accounts on the Platform(s), but in no event shall You be able to undertake a Top-Up Transaction for more than $10,000 in a single day.
7.3 Payouts Limits. You may be limited in receiving a payout up to the equivalent of $20,000 per month. Gametech may request adjustment of this limit at any time during the period of time these Terms are applicable to You, and pursuant to applicable legal requirements.
7.4 Refunds. Only a Client may provide a refund to you for (i) any goods or services which are defective, inadequate, or not received by you; or (ii) any payment you enabled the Client to obtain from you via the information you provided via the Services. You must contact the Client to initiate a refund transaction.
7.5 Taxes, charges, and fees. You are responsible for any taxes, duties, currency exchange fees, data charges, and related charges on purchases that you make as a result of or in the course of purchasing game-related products and obtain services within the Platform or using any of the Services.
7.6 Virtual Currency and NFTs. While the Services offered to Customers by Gametech may involve the purchasing and storing of virtual currency for use on the Platform, please be informed that Gametech is not an administrator or exchanger of this virtual currency. You are solely responsible for any legal issues which may arise as a result of an alleged infringement of any trademark or copyright involving the NFTs. You understand and agree to comply with the Platform’s terms of service as it relates to the virtual currency and (or) NFTs purchased using Gametech’s Services.
7.7 Gametech will not be responsible or liable for any loss, and takes no responsibility for, and will not be liable for any use of third party wallets and (or) custodial or non-custodial wallet providers, including, but not limited to any losses, damages or claims arising from:
a) Customer error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses;
b) Server failure or data loss;
c) Corrupted wallet files;
d) Unauthorized access to applications;
e) Any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the Platform or Services;
f) Any enforcement action against you for illegally trading digital currencies;
g) Any of your activities that may be unlawful or injurious in any way to any third party.
7.1 You agree to be bound by these Terms, as well as that of the Platform terms of services, including agreeing to undertake any and all KYC and AML and OFAC regulations if applicable.
7.2 Top-Up Limits. You may be limited in maintaining a maximum balance up to the equivalent of $2,000 over all of Your accounts on the Platform(s), but in no event shall You be able to undertake a Top-Up Transaction for more than $10,000 in a single day.
7.3 Payouts Limits. You may be limited in receiving a payout up to the equivalent of $20,000 per month. Gametech may request adjustment of this limit at any time during the period of time these Terms are applicable to You, and pursuant to applicable legal requirements.
7.4 Refunds. Only a Client may provide a refund to you for (i) any goods or services which are defective, inadequate, or not received by you; or (ii) any payment you enabled the Client to obtain from you via the information you provided via the Services. You must contact the Client to initiate a refund transaction.
7.5 Taxes, charges, and fees. You are responsible for any taxes, duties, currency exchange fees, data charges, and related charges on purchases that you make as a result of or in the course of purchasing game-related products and obtain services within the Platform or using any of the Services.
7.6 Virtual Currency and NFTs. While the Services offered to Customers by Gametech may involve the purchasing and storing of virtual currency for use on the Platform, please be informed that Gametech is not an administrator or exchanger of this virtual currency. You are solely responsible for any legal issues which may arise as a result of an alleged infringement of any trademark or copyright involving the NFTs. You understand and agree to comply with the Platform’s terms of service as it relates to the virtual currency and (or) NFTs purchased using Gametech’s Services.
7.7 Gametech will not be responsible or liable for any loss, and takes no responsibility for, and will not be liable for any use of third party wallets and (or) custodial or non-custodial wallet providers, including, but not limited to any losses, damages or claims arising from:
a) Customer error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses;
b) Server failure or data loss;
c) Corrupted wallet files;
d) Unauthorized access to applications;
e) Any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the Platform or Services;
f) Any enforcement action against you for illegally trading digital currencies;
g) Any of your activities that may be unlawful or injurious in any way to any third party.
8. Representations and warranties
8.1 By using the Services, you represent and warrant that you have validly entered into the contract and have the legal power to do so. You further represent and warrant that you are responsible for your conduct and your compliance with the terms of these Terms and all other terms and policies if applicable.
8.2 EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
8.1 By using the Services, you represent and warrant that you have validly entered into the contract and have the legal power to do so. You further represent and warrant that you are responsible for your conduct and your compliance with the terms of these Terms and all other terms and policies if applicable.
8.2 EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
9. Indemnification
By accessing, registering for, using or downloading our Services, you agree to indemnify, defend and hold harmless Gametech, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors from any liability, loss, claim OR expense (but not limited to reasonable attorneys’ fees) related to: (a) any claim due to or arising out of your violation of the Terms, including but not limited to claims arising out of a breach of your representations or warranties made under these Terms; (b) your use of and/or access to (or any use or access by a third party on your Customer Account) Services; (c) your violation of any third-party rights, including but not limited to any copyright, property, moral or privacy rights; or (d) the unavailability of Services.
By accessing, registering for, using or downloading our Services, you agree to indemnify, defend and hold harmless Gametech, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors from any liability, loss, claim OR expense (but not limited to reasonable attorneys’ fees) related to: (a) any claim due to or arising out of your violation of the Terms, including but not limited to claims arising out of a breach of your representations or warranties made under these Terms; (b) your use of and/or access to (or any use or access by a third party on your Customer Account) Services; (c) your violation of any third-party rights, including but not limited to any copyright, property, moral or privacy rights; or (d) the unavailability of Services.
10. Limitation of liability
10.1 To the fullest extent permitted by law in each applicable jurisdiction, Gametech, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from a) errors, mistakes or inaccuracies of or in any content; b) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; c) events beyond the reasonable control of Gametech, including any Internet failures, equipment failures, electrical power failures, strikes, riots, insurrections, civil disturbances, fires, floods, storms, earthquakes, epidemics/pandemics, explosions, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or e) losses of use, data, profits, goodwill or other intangible losses, resulting from the use or the inability to use any or all of the Services.
10.2 You agree that the aggregate liability of Gametech to you for any and all claims arising out of relating to the use of, access to, or any inability to use or access the Services is limited to $150.
10.3 Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.
10.1 To the fullest extent permitted by law in each applicable jurisdiction, Gametech, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from a) errors, mistakes or inaccuracies of or in any content; b) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; c) events beyond the reasonable control of Gametech, including any Internet failures, equipment failures, electrical power failures, strikes, riots, insurrections, civil disturbances, fires, floods, storms, earthquakes, epidemics/pandemics, explosions, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or e) losses of use, data, profits, goodwill or other intangible losses, resulting from the use or the inability to use any or all of the Services.
10.2 You agree that the aggregate liability of Gametech to you for any and all claims arising out of relating to the use of, access to, or any inability to use or access the Services is limited to $150.
10.3 Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.
11. Miscellaneous
11.1 Third-Party Services. These Terms apply to our Services and extend to all of our Customers. Any links to third-party websites and services that are not owned or controlled by Gametech are beyond Gametech’s control, Gametech will not be held responsible for the content, privacy policies or practices of any third-party websites or services. By using our Services, you specifically release Gametech from any and all liability arising from your use of any third-party website or third-party services, or interaction with any third party.
11.2 Governing Law. These Terms and their interpretation, as well as any disputes that arise hereunder, shall be governed in all respects by the laws of the State of California, USA, without giving effect to any principles that may provide for the application of the law of another jurisdiction. Your national law may explicitly give you rights and obligations to resolve disputes in a manner different from the one indicated below. In this case, your national law applies. The U. N. Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.
(i) In respect of any and all claims regarding Services, the application of these Terms are between you and between you and Gametech (USA), Inc., a company registered in the USA, State of California with company registration number C3140351 and with offices at 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA;(ii) the laws of the State of California, excluding its conflicts-of-law rules, govern these Terms and your use of the Gametech Services; and(iii) you expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator. You and Gametech agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitration shall be resolved by arbitration by one arbitrator ("Arbitrator") in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, Applicable Law and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available on the AAA website at www.adr.org, and the provisions of these Terms. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be Los Angeles, California, USA. The cost of any arbitration shall be shared equally by the parties, but the Arbitrator shall be authorized to enter, as part of the award to a party, an amount equal to reasonable attorneys’ fees and other costs related to the arbitration, and, where appropriate, limited by the AAA Consumer Rules. The Arbitrator may award equitable relief. The Arbitrator’s decision(s) shall be final and conclusively binding on the Parties, and the judgment upon such award may be entered in any court of competent jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone or online. The Arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The Arbitrator must follow the Applicable Law, and any award may be challenged if the Arbitrator fails to do so.
(iv) No Class Actions. YOU AND GAMETECH AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Arbitrator shall not consolidate another person’s claims with your claims and shall not preside over any type of representative or class proceeding. The Arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
11.3 Limitation of Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Service Terms must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.
11.4 Disputes. Most Customer concerns can be resolved with the help of Gametech support at payouts@spectrone.io. If we are unable to resolve Your concerns and a dispute remains between you and Gametech, this section explains how we can resolve it.
A party that intends to seek arbitration must first send written notice to the other party of its intent to arbitrate ("Notice"). The Notice to Gametech should be sent by any of the following means: (i) via electronic mail to rpbl@spectrone.io; or (ii) by sending the Notice by certified mail to Gametech (USA), Inc., Attn: Legal Department, 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Gametech may commence an arbitration proceeding.
11.5 Term and Termination.. These Terms are effective until terminated. You may terminate these Terms at any time upon notice to Gametech. Gametech has the right to terminate these Terms as set forth herein for breach of these Terms by you. We also reserve the right to modify or discontinue the Gametech Services at any time (including, without limitation, by limiting or discontinuing certain features) without notice to you. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
11.6 Notices. Gametech may give notice to you by means of a general notice to your email address in our records or by written communication sent by first class mail, prepaid postage, or overnight courier to your address on record, provided Gametech has your physical address.
11.7 Severability. Except as otherwise expressly set forth in these Terms, in the event that any provision of these Terms is held to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the remaining portions of these Terms shall remain in full force and effect. These Terms constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersede any prior oral or written agreements. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms.
11.8 Enforcement. Gametech’s obligations are subject to existing laws and legal process, and Gametech reserves the right to comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
11.9 Compliance. You agree to comply with all applicable import/export laws and regulations. You agree not to export any part of the Services or allow the use of your Platform account by individuals of any terrorist-supporting countries to which encryption exports are restricted by the authorities at the time of exportation. You represent and warrant that you are not located in, under the control of or a national or resident of any such restricted country.
11.1 Third-Party Services. These Terms apply to our Services and extend to all of our Customers. Any links to third-party websites and services that are not owned or controlled by Gametech are beyond Gametech’s control, Gametech will not be held responsible for the content, privacy policies or practices of any third-party websites or services. By using our Services, you specifically release Gametech from any and all liability arising from your use of any third-party website or third-party services, or interaction with any third party.
11.2 Governing Law. These Terms and their interpretation, as well as any disputes that arise hereunder, shall be governed in all respects by the laws of the State of California, USA, without giving effect to any principles that may provide for the application of the law of another jurisdiction. Your national law may explicitly give you rights and obligations to resolve disputes in a manner different from the one indicated below. In this case, your national law applies. The U. N. Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.
(i) In respect of any and all claims regarding Services, the application of these Terms are between you and between you and Gametech (USA), Inc., a company registered in the USA, State of California with company registration number C3140351 and with offices at 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA;(ii) the laws of the State of California, excluding its conflicts-of-law rules, govern these Terms and your use of the Gametech Services; and(iii) you expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator. You and Gametech agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitration shall be resolved by arbitration by one arbitrator ("Arbitrator") in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, Applicable Law and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available on the AAA website at www.adr.org, and the provisions of these Terms. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be Los Angeles, California, USA. The cost of any arbitration shall be shared equally by the parties, but the Arbitrator shall be authorized to enter, as part of the award to a party, an amount equal to reasonable attorneys’ fees and other costs related to the arbitration, and, where appropriate, limited by the AAA Consumer Rules. The Arbitrator may award equitable relief. The Arbitrator’s decision(s) shall be final and conclusively binding on the Parties, and the judgment upon such award may be entered in any court of competent jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone or online. The Arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The Arbitrator must follow the Applicable Law, and any award may be challenged if the Arbitrator fails to do so.
(iv) No Class Actions. YOU AND GAMETECH AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Arbitrator shall not consolidate another person’s claims with your claims and shall not preside over any type of representative or class proceeding. The Arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
11.3 Limitation of Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Service Terms must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.
11.4 Disputes. Most Customer concerns can be resolved with the help of Gametech support at payouts@spectrone.io. If we are unable to resolve Your concerns and a dispute remains between you and Gametech, this section explains how we can resolve it.
A party that intends to seek arbitration must first send written notice to the other party of its intent to arbitrate ("Notice"). The Notice to Gametech should be sent by any of the following means: (i) via electronic mail to rpbl@spectrone.io; or (ii) by sending the Notice by certified mail to Gametech (USA), Inc., Attn: Legal Department, 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Gametech may commence an arbitration proceeding.
11.5 Term and Termination.. These Terms are effective until terminated. You may terminate these Terms at any time upon notice to Gametech. Gametech has the right to terminate these Terms as set forth herein for breach of these Terms by you. We also reserve the right to modify or discontinue the Gametech Services at any time (including, without limitation, by limiting or discontinuing certain features) without notice to you. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
11.6 Notices. Gametech may give notice to you by means of a general notice to your email address in our records or by written communication sent by first class mail, prepaid postage, or overnight courier to your address on record, provided Gametech has your physical address.
11.7 Severability. Except as otherwise expressly set forth in these Terms, in the event that any provision of these Terms is held to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the remaining portions of these Terms shall remain in full force and effect. These Terms constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersede any prior oral or written agreements. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms.
11.8 Enforcement. Gametech’s obligations are subject to existing laws and legal process, and Gametech reserves the right to comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
11.9 Compliance. You agree to comply with all applicable import/export laws and regulations. You agree not to export any part of the Services or allow the use of your Platform account by individuals of any terrorist-supporting countries to which encryption exports are restricted by the authorities at the time of exportation. You represent and warrant that you are not located in, under the control of or a national or resident of any such restricted country.
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